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(영문) 서울북부지방법원 2013.09.09 2013고정2133
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” in the Gangnam-gu Seoul Metropolitan Government B underground.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, around 00:20 on April 23, 2013, the Defendant sold six cans to four customers, including D, who are special customers, in total of 18,000 won per opening, and on May 4, 2013, three cans to six customers in the above business establishment around 22:20 on the aggregate of 3,000 won per opening.

2. No karaoke machine business operator shall arrange a loan for entertainment;

Nevertheless, at around 22:20 on May 4, 2013, the Defendant: (a) demanded customers E to serve in a singing room; and (b) instructed them to serve in a room room with E, and (c) assisted them to serve in a entertainment room with E, and (d) provided entertainment services by receiving 25,000 won per hour from E to give the F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. E statements;

1. Application of each statute of control manual;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, the selection of fines for negligence, and the selection of fines for negligence, Article 34 (3) 2, Article 22 (1) 3 (the point of brokerage of adjacent loans);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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